The Indian Competition Authority conditionally clears a merger in the agrochemicals and seeds industry (Bayer / Monsanto)

In an order dated 14 June 2018, the Competition Commission of India (CCI) approved Bayer AG’s (Bayer) acquisition of Monsanto Company (Monsanto) (together, the Parties) subject to certain modifications. Shardul Amarchand Mangaldas & Co. represented Monsanto and assisted in seeking the CCI’s approval for the transaction.
This was the fourth and most recent consolidation in the worldwide agrochemicals and seeds industry. Last year, the CCI imposed significant India-specific remedies in the Dow/Dupont, Agrium/Potash Corp and Chem China/Syngenta cases. The Parties therefore faced a well- informed authority with a deep understanding of the complexities in this sector. Further, given the global nature of this transaction, the CCI also closely coordinated with several international